Bishops of Washington sue state, say new law violates the Constitution

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Written by KATE MCENTEE DEWEESE, Northwest Catholic, the Publication of the Archdiocese of Seattle

SEATTLE — The Roman Catholic bishops of the state of Washington announced Thursday that they are suing the state over a new law that will force priests in Washington to choose between breaking the sacred seal of confession or facing jail time.

Senate Bill 5375 — which Washington Gov. Bob Ferguson signed into law on May 2 — is at issue in Étienne v. Ferguson. The new law requires clergy to report abuse and neglect if shared within the sacred confines of the confessional.

Becket and co-counsel WilmerHale and First Liberty Institute represent Archbishop Paul D. Etienne, Bishop Thomas Daly, Bishop Joseph Tyson, Bishop Eusebio Elizondo, Bishop Frank Schuster and several parish priests who are challenging the law in federal court.

“It’s hard to imagine a more brazen attack on faith than state bureaucrats policing the sacrament of confession,” said Mark Rienzi, president and CEO of Becket, a nonprofit, public-interest law firm dedicated to protecting the free expression of religious traditions. “We’re asking the court to step in and stop the state from turning a sanctuary for the soul into a tool of surveillance.”

Washington’s new law, which is set to take effect on July 27, threatens priests with up to 364 days in jail, a $5,000 fine and potential civil liability if they refuse to break the seal of confession. While the state says the law is meant to protect children, it continues to allow confidentiality for attorneys, spouses and others when they receive the same information.

“Confession offers the faithful a confidential space to seek God’s mercy and guidance,” said Jean Hill, executive director of the Washington State Catholic Conference. “This trust is sacred, and any law that jeopardizes it risks discouraging those who recognize the harm they have caused from seeking moral and spiritual guidance.”  

For more than 2,000 years, the Catholic Church has taught that confession is sacred and confidential. A priest is bound by sacred duty to never speak about what he hears during the sacrament of confession — not even to the penitent. The seal is so central to the Catholic faith that any priest who breaks it is automatically excommunicated. Throughout history, priests have been jailed, tortured and martyred for refusing to break the seal.

“Washington’s law targeting Catholic clergy with threat of imprisonment and fine if they do not break the sacramental confessional seal is a brazen act of religious discrimination,” said Hiram Sasser, executive general counsel for First Liberty Institute, a nonprofit public interest law firm and the largest legal organization in the United States dedicated to defending religious freedom.

“For centuries, Catholic priests have been willing to die as martyrs rather than violate this sacred duty. A few politicians in Washington state won’t break them. And the Constitution protects them,” Sasser added.

The Washington State Catholic Conference and legal counsels anticipate a hearing in the case will likely occur this summer.